Attachment 3 - Solicitation FA860121R0056.pdf
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- Liquid and Solid Runway Deicer at WPAFB Federal contract opportunity
- Solicitation number
- FA860121R0056
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 7 - Solicitation FA860121R0056 Amendment 2.pdf | ||
| Attachment 6 - Solicitation FA860121R0056 Amendment 1.pdf | ||
| Attachment 5 - Question and Answer.docx | DOCX document | |
| Attachment 4 - Justification and Approval (Redacted).pdf | ||
| Attachment 1 - Statement of Work (SOW).pdf | ||
| Attachment 3 - Solicitation FA860121R0056.pdf | ||
| Attachment 2 - Bid Sheet.xlsx | XLSX spreadsheet |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
FA860121R0056
Solicitation/Contract Form
Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Liquid Runway Deicer Provide potassium acetate-based liquid runway deicer, SAE AMS 1435 in accordance with the Statement of Work. The quantities in this CLIN are estimated.
Product Service Code: 6810 Firm Fixed Price
75,000 Gallon
Provide anhydrous sodium acetate-based solid runway deicer, SAE AMS 1431 in accordance with the Statement of Work.
The quantities in this CLIN are estimated.
Product Service Code: 6810 Firm Fixed Price
200 Sack
Training and Consultation The contractor shall provide training and consultation IAW the Statement of Work. This service is provided at no additional cost to the Government. This CLIN is Not Separately Priced.
Product Service Code: 6810 Firm Fixed Price
1 Lot
Description/Specifications/Statement of Work
Requirements Liquid and Solid Sodium Acetate Runway Deicer Follow-on.
Packaging and Marking
Inspection and Acceptance
0001 Inspection and Acceptance Location Both Destination Instructions: COR will inspect and accept.
DoDAAC: F4F2AA Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F4F2AA 88 CEG
AF NO MILSBILLS PROC CP 9372573781
1450 LITTRELL RD
WRIGHT PATTERSON
AFB, OH 45433 5261
UNITED STATES
OfficeCode:
Harold Honeycutt Email: harold.honeycutt@us.af.mil Telephone: 937-257-7233
0002 Inspection and Acceptance Location Both Destination Instructions: COR will inspect and accept.
DoDAAC: F4F2AA Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F4F2AA 88 CEG
AF NO MILSBILLS PROC CP 9372573781
1450 LITTRELL RD
WRIGHT PATTERSON
AFB, OH 45433 5261
UNITED STATES
OfficeCode:
Harold Honeycutt Email: harold.honeycutt@us.af.mil Telephone: 937-257-7233
0003 Inspection and Acceptance Location Both Destination Instructions: COR will inspect and accept.
DoDAAC: F4F2AA Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F4F2AA 88 CEG
AF NO MILSBILLS PROC CP 9372573781
1450 LITTRELL RD
WRIGHT PATTERSON
AFB, OH 45433 5261
UNITED STATES
OfficeCode:
Harold Honeycutt Email: harold.honeycutt@us.af.mil Telephone: 937-257-7233
Deliveries or Performance
Deliveries or Performance Delivery Procedures Commercial Vehicles All vehicles larger than a large pick-up truck are required to be inspected by the WrightPatterson Air Force Base Commercial Vehicle Delivery Gate (CVDG) prior to entering the installation. Vehicles to be inspected include, but are not limited to, the following:
1. Step van/panel truck
2. Tractor/trailer, box and flatbed containing cargo
3. Tanker trucks
4. Box trucks
5. Tour buses
6. Garbage/recycled waste trucks
7. Concrete trucks/mixers, dump trucks
8. Cranes, recreational vehicles, petroleum tanker This inspection will be conducted at Gate 26A located off State Highway 235.
The following are exemptions to vehicles utilizing the CVDG:
1. If the vehicle has the product inside (concrete and asphalt trucks) and timely delivery is necessary due to product deterioration it does not need to enter the CVDG. To bypass the CVDG, the contractor shall submit a list containing drivers' names, social security numbers and the state in which the driver's license is held for those drivers who will be entering the base. This shall be accomplished 24 hours prior to requested entry time. If entry is requested on Monday, this list must be submitted by Friday at 1630 hours. All lists shall be submitted to the 88th ABW/CE Directorate contract inspector. The only gates that may be used under this exemption shall be 15A, 38A, and gate 1B. If the driver's name is not on the list, he/she will not be allowed access to the installation through these gates and the base will not assume liability for denied access.
2. If a delivery vehicle must exit, and then re-enter the base to complete its route, the vehicle shall be resealed upon exiting the base. After initially passing through the commercial vehicle delivery gate, trucks shall be resealed at Gates 15A, 38A and 22B. The resealing of the trucks will allow them to continue to any other area of the installation (Areas A and B) without reprocessing through the CVDG. To receive resealing assistance, the drivers shall physically stop at one of the three authorized gates and request the installation entry controller to reseal their truck and provide the next location of their delivery. The controller will reseal the truck and give the delivery driver a pre-clearance form. The driver shall present the pre-clearance form to the entry controller at the next point of installation entry. This reentry can be through any base gate.
Vehicles may be subject to an inspection at any of installation entry control points during a directed random antiterrorism measure (RAM.) Any commercial vehicle, regardless of size, can be directed to the VDG at the discretion of the installation entry controller.
Delivery Schedule Ship To Address
Delivery Period
10 FEB 2022
09 FEB 2027
75,000 Gallon
Ship To DoDAAC: F4F2AA Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F4F2AA 88 CEG
AF NO MILSBILLS PROC CP
9372573781
1450 LITTRELL RD
WRIGHT PATTERSON
AFB, OH 45433 5261
UNITED STATES
OfficeCode:
FoB Details
Contractor Destination
Harold Honeycutt Email: harold.honeycutt@us.af.mil Telephone: 937-257-7233
Delivery Schedule Ship To Address
Delivery Period
10 FEB 2022
09 FEB 2027
200 Sack
Ship To DoDAAC: F4F2AA Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F4F2AA 88 CEG
AF NO MILSBILLS PROC CP
9372573781
1450 LITTRELL RD
WRIGHT PATTERSON
AFB, OH 45433 5261
UNITED STATES
OfficeCode:
Harold Honeycutt Email: harold.honeycutt@us.af.mil Telephone: 937-257-7233
FoB Details
Contractor Destination
Delivery Schedule Ship To Address
Delivery Period
10 FEB 2022
09 FEB 2027
1 Lot
Ship To DoDAAC: F4F2AA Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F4F2AA 88 CEG
AF NO MILSBILLS PROC CP
9372573781
1450 LITTRELL RD
WRIGHT PATTERSON
AFB, OH 45433 5261
UNITED STATES
OfficeCode:
Harold Honeycutt Email: harold.honeycutt@us.af.mil Telephone: 937-257-7233
FoB Details
Contractor Destination
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced. 2020-04 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.
in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
COMBO
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
COMBO
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F87700
Issue By DoDAAC FA8601
Admin DoDAAC FA8601
Inspect By DoDAAC F4F2AA
Ship To Code F4F2AA
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) F4F2AA
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
harold.honeycutt@us.af.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
252.232-7007 Limitation of Government’s Obligation. 2014-04
As prescribed in 232.705-70, use the following clause:
LIMITATION OF GOVERNMENT’S OBLIGATION (APR 2014)
(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule [Contracting Officer insert after negotiations] is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C.
1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $ ____
(month) (day), (year) $ ____
(month) (day), (year) $ ____
(month) (day), (year) $ ____
(End of clause)
Special Contract Requirements
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2020-06 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.232-18 Availability of Funds. 1984-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2021-01
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05
252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.244-7000 Subcontracts for Commercial Items. 2020-10
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2021-
As prescribed in , insert the following clause:12.301(b)(4)
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS
(JAN 2021)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by (a) reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, (1) (JAN 2017) Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (2) Covered Entities (Section 1634 of Pub. L. 115-91).(JUL 2018)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (3) (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (NOV 2015)
52.233-3, Protest After Award (31 U.S.C. 3553).(5) (AUG 1996)
52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(6) (OCT 2004)
The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in (b) this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[ .]Contracting Officer check as appropriate
52.203-6, Restrictions on Subcontractor Sales to the Government , with (41 U.S.C. 4704 and 10 U.S.(1) (JUNE 2020) Alternate I (OCT 1995)
C. 2402).
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (JUN 2020)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (JUN 2010)
(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(4) (JUN 2020)
[Reserved].(5)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(6) (OCT 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(7) (OCT 2016)
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (8) (JUN
(31 U.S.C. 6101 note).2020)
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(9) (OCT 2018)
[Reserved].(10)
(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (15 U.S.C. 657a).(i) (MAR 2020)
Alternate I of 52.219-3.(ii) (MAR 2020)
(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (if the offeror elects to waive the (i) (MAR 2020) preference, it shall so indicate in its offer) (15 U.S.C. 657a).
Alternate I of 52.219-4.(ii) (MAR 2020)
[Reserved](13)
(14) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-6.(ii) (MAR 2020)
(15) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-7.(ii) (MAR 2020)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(16) (OCT 2018)
(17) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) (JUN 2020)
Alternate I of 52.219-9.(ii) (NOV 2016)
Alternate II of 52.219-9.(iii) (NOV 2016)
Alternate III of 52.219-9.(iv) (JUN 2020)
Alternate IV of 52.219-9(v) (JUN 2020)
(18) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)
Alternate I of 52.219-13.(ii) (MAR 2020)
52.219-14, Limitations on Subcontracting (15 U.S.C. 637(a)(14)).(19) (MAR 2020)
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(20) (JAN 1999)
52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.S.C. 657f).(21) (MAR 2020)
(22) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(i) (NOV 2020)
Alternate I (MAR 2020) of 52.219-28.(ii)
52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (23) (MAR
(15 U.S.C. 637(m)).2020)
52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (24)
Small Business Program (Mar2020) (15 U.S.C. 637(m)).
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(25) (MAR 2020)
52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(26) (MAR 2020)
52.222-3, Convict Labor (E.O.11755).(27) (JUN 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(28) (JAN2020)
52.222-21, Prohibition of Segregated Facilities .(29) (APR 2015)
(30) 52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)
Alternate I of 52.222-26.(ii) (FEB 1999)
(31) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)
Alternate I of 52.222-35.(ii) (JUL 2014)
(32) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)
Alternate I of 52.222-36.(ii) (JUL 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) JUN 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(34) (DEC 2010)
(35) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (OCT 2020)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)
52.222-54, Employment Eligibility Verification ( ). (Executive Order 12989). (Not applicable to the acquisition of commercially (36) OCT 2015 available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(37) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not (i) applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (MAY 2008)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).(38)
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(39) (JUN 2016)
(40) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (E.O.s 13423 and 13514).(i) (JUN 2014)
Alternate I of 52.223-13.(ii) (OCT 2015)
(41) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O.s 13423 and 13514).(i) (JUN 2014)
Alternate I (Jun2014) of 52.223-14.(ii)
52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(42) (MAY 2020)
(43) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s 13423 and 13514).(i) (OCT 2015)
Alternate I of 52.223-16.(ii) (JUN 2014)
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(44) (JUN 2020)
52.223-20, Aerosols (E.O. 13693).(45) (JUN 2016)
52.223-21, Foams (Jun2016) (E.O. 13693).(46)
(47) 52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)
Alternate I of 52.224-3.(ii) (JAN 2017)
52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(48) ( 2021)JAN
(49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 (i) ( 2021)JAN note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
Alternate I of 52.225-3.(ii) ( 2021)JAN
Alternate II of 52.225-3.(iii) ( 2021)JAN
Alternate III of 52.225-3.(iv) ( 2021)JAN
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (OCT 2019) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (JUN 2008)
Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52)
Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).(54)
52.229-12, Tax on Certain Foreign Procurements .(55) (JUN 2020)
52.232-29, Terms for Financing of Purchases of Commercial Items (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(56) (FEB 2002)
52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(57)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(58) (OCT2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(59)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(60) (MAY 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(61) (AUG 1996)
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(62) (JAN 2017)
(63) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).(i) (FEB 2006)
Alternate I of 52.247-64.(ii) (APR 2003)
Alternate II of 52.247-64.(iii) (FEB 2006)
The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[ ]Contracting Officer check as appropriate.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG 2018)
(29 U.S.C. 206 and 41 U.S.C. chapter 67).
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4)
C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5)
Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014)
(41 U.S.C. chapter 67).
52.222-55, Minimum Wages Under Executive Order 13658 .(7) (NOV 2020)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2017) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
. The Contractor shall comply with the provisions of this paragraph (d) if this contract was (d) Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right (1) to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(i) (JUN 2020)
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division (ii) E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (iii) Covered Entities (Section 1634 of Pub. L. 115-91).(JUL 2018)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (iv) (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further (v) (OCT 2018) subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
52.222-21, Prohibition of Segregated Facilities .(vi) (APR 2015)
52.222-26, Equal Opportunity (E.O.11246).(vii) (SEP 2015)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(viii) (JUN 2020)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(ix) (JUN 2020)
52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(x) (JUN 2020)
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required (xi) (DEC 2010) in accordance with paragraph (f) of FAR clause 52.222-40.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(xii) (AUG 2018)
(xiii) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (OCT 2020)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(B) (MAR 2015)
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or (xiv) Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (xv) (41 U.S.C. chapter 67).(MAY 2014)
52.222-54, Employment Eligibility Verification (E.O. 12989).(xvi) (OCT 2015)
52.222-55, Minimum Wages Under Executive Order 13658 .(xvii) (NOV 2020)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(xviii) (JAN 2017)
(xix) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)
Alternate I of 52.224-3.(B) (JAN 2017)
52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of (xx) (OCT 2016) the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in (xxi) (JUN 2020) accordance with paragraph (e) of FAR clause 52.226-6.
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. Appx. 1241(b) and 10 U.S.(xxii) (FEB 2006) C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses (2) necessary to satisfy its contractual obligations.
(End of clause)
52.216-18 Ordering. 2020-08
As prescribed in , insert the following clause:16.506(a)
ORDERING (AUG 2020)
Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the (a) individuals or activities designated in the Schedule. Such orders may be issued from through [insert dates].10 February 2022 09 February 2027
All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or (b) task order and this contract, the contract shall control.
A delivery order or task order is considered "issued" when-(c)
If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;(1)
If sent by fax, the Government transmits the order to the Contractor's fax number; or(2)
If sent electronically, the Government either-(3)
Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or(i)
Distributes the delivery order or task order via email to the Contractor's email address.(ii)
Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.(d)
(End of clause)
52.216-19 Order Limitations. 1995-10
As prescribed in , insert a clause substantially the same as follows:16.506(b)
ORDER LIMITATIONS (OCT 1995)
. When the Government requires supplies or services covered by this contract in an amount of less than [insert (a) Minimum order $5,000.00 dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
. The Contractor is not obligated to honor-(b) Maximum order
Any order for a single item in excess of [insert dollar figure or quantity];(1) N/A
Any order for a combination of items in excess of [insert dollar figure or quantity]; or(2) N/A
A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (3) N/A (b)(1) or (2) of this section.
If this is a requirements contract ( includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (c) i.e., (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in (d) paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor’N/A s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.217-9 Option to Extend the Term of the Contract. 2000-03
As prescribed in , insert a clause substantially the same as the following:17.208(g)
OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which (a) 15 the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The preliminary notice does not commit the 30 60days unless a different number of days is inserted Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)
The total duration of this contract, including the exercise of any options under this clause, shall not exceed (months) (years).(c) 60
(End of clause)
52.252-2 Clauses Incorporated by Reference. 1998-02
As prescribed in , insert the following clause:52.107(b)
CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov [Insert one or more Internet addresses]____ ____
(End of clause)
52.252-6 Authorized Deviations in Clauses. 2020-11
As prescribed in , insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized 52.107(f) deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.
AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is (a) indicated by the addition of "(DEVIATION)" after the date of the clause.
The use in this solicitation or contract of any [insert regulation name] (48 CFR ) clause with an authorized (b) Federal Acquisition Regulation 1 deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
AFFARS Clauses Incorporated by Full Text
5352.201-9101 Ombudsman 2019-10
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Col Sean Tucker Deputy Director, Acquisition Excellence and Program Execution Directorate AFLCMC/AQ_AZ (Acquisition Excellence) ASCA@us.af.mil, 937-255-5512
Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.
(End of clause)
5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) 2019-10
(a) Contractors shall not:
(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or
(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.
[Note: This prohibition does not apply to manufacturing.]
(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32- 7086) are Class I ODSs:
(1) Halons: 1011, 1202, 1211, 1301, and 2402;
(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and
(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.
[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]
List of Attachments
Attachment 1 - Statement of Work (SOW) Attachment 2 - Bid Sheet
Number Attachment Name Attachment Description
Reference Identifier Date URL Line Item
Attachment 1 - Statement of Work
(SOW)
Statement of Work
13 JUL
Attachment 2 - Bid Sheet
Bid Sheet
30 JUN
Representations, Certification, and other Statements of Offerors
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.204-7 System for Award Management. 2018-10
FAR Clauses Incorporated by Full Text
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. 2020-
As prescribed in , insert the following provision:4.2105(a)
REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
(OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
As used in this provision-(a) Definitions.
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain and substantial or essential component
Telecommunications and Video Surveillance Services or Equipment.
. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (1) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-
Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-(i) party, such as backhaul, roaming, or interconnection arrangements; or
Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or (ii) packets that such equipment transmits or otherwise handles.
Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the (2) head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-
Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-(i) party, such as backhaul, roaming, or interconnection arrangements; or
Cover telecommunications equipment that cannot route or redirect user data…
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